Gujarat Mining Rules | Locking Of Online ATR Account / Suspension Of Transit Permit Must Be Supported By Reasons In Writing

Case: Dhanrajsinh Gambhirsinh Thakore VS State Of Gujarat

Coram: Justice AS Supehia

Case No.: C/SCA/10614/2022

Court Observation: “Respondent authorities, at the first instance before locking the ATR account of the petitioner are supposed to give a show-cause notice and hearing and after considering such a representation or the defence of the petitioner, would have to pass the order suspending or locking the online ATR account of petitioner.”

“It would be open for the respondent to issue a fresh show-cause notice to the petitioner and after giving an opportunity of hearing to the petitioner, it would be open for the respondents to take appropriate decision in accordance with law,”

“Thus, simultaneously two actions are taken by the respondent authority on the very same day, first issuing of show cause notice and the second locking of the ATR account of the petitioner. It is specific case of the petitioner that such action is de hors of provisions of sub-rule (4) of Rule 5 of the Rules, 2017.”

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Keywords

Gujarat Mining Rules, Online ATR Account, Suspension Of Transit Permit